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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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International Structures Affecting Data Privacy in Asia

International Structures Affecting Data Privacy in Asia

(p.23) 2 International Structures Affecting Data Privacy in Asia
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

This chapter considers all of the international standards, instruments, and institutions affecting data privacy in Asia. There are no Asia-wide instruments or institutions comparable to those central to privacy protection in the European Union. At the sub-regional level there is only one ASEAN (South-East Asia) declaration. The Organisation for Economic Co-operation and Development (OECD)'s privacy Guidelines of 1981 have been influential at the national level in Asia, as has the EU’s data protection Directive of 1995, and the Asia-Pacific Economic Cooperation (APEC)’s Privacy Framework of 2004. The protection of privacy in general human rights treaties in Asia mainly stems from the International Covenant on Civil and Political Rights 1966 (ICCPR). The chapter also considers the effect of trade agreements such as the General Agreement on Trade in Services (GATS), and the International Organization for Standardization (ISO), and other technical standards. Finally, it considers the role played by global and regional associations of privacy-related authorities, and interest groups.

Keywords:   data protection, privacy, Asia, OECD, European Union, ICCPR, human rights, GATS, ISO

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